Detailed Answer
Under the Alaska Public Records Act (APRA), Alaska Statute 40.25.100 et seq., you can request corrections to any public record you believe is incomplete or inaccurate. AS 40.25.110 empowers you to petition the agency that created the record to correct or complete it.
1. Identify the responsible agency. Police reports typically fall under a city or borough police department, or the Alaska Department of Public Safety (DPS). Find the contact information on the agency’s website.
2. Draft a written request. Address it to the records custodian or agency head. Cite AS 40.25.110 (https://www.akleg.gov/basis/statutes.asp#40.25.110). Clearly state the incorrect details and propose precise corrections. Include your name, date of the report, incident number, and any supporting evidence (photos, receipts, witness statements).
3. Submit your request via certified mail, email, or in person. Keep copies of everything.
4. Await the agency’s response. The agency must respond within 10 business days. They will either correct the record or deny your request in writing.
5. If the agency denies your request or fails to respond, you may seek administrative review. Under AS 40.25.120 (https://www.akleg.gov/basis/statutes.asp#40.25.120), you can petition the superior court for an order requiring correction. File this petition within 45 days of the agency’s final decision.
For example, if a report incorrectly states you were driving a red vehicle when yours is blue, collect registration documents and photos that verify your car’s color. Attach these to your written request to strengthen your case.
Helpful Hints
- Gather clear, objective evidence that shows the error.
- Address your request to the official records custodian.
- Send requests by certified mail and request a return receipt.
- Track all deadlines: 10 business days for agency response; 45 days for court petition.
- Consider consulting an attorney if the agency denies your request.
- Understand that this process corrects the record but does not expunge arrest history.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for advice specific to your situation.